The applicant brought a Charter application under s. 24(2) to exclude a massager seized from his apartment, arguing the Information to Obtain (ITO) for the search warrant failed to disclose sufficient grounds, breaching s. 8.
The court reviewed the ITO, applying principles of excision and amplification to correct minor inaccuracies regarding the applicant's alleged sexual communications and use of the massager with the 11-year-old complainant.
The court found that even on the corrected record, there were overwhelming reasonable and probable grounds to believe offences had been committed and that the items sought would afford evidence.
The application was dismissed.
